Volusia County |
Code of Ordinances |
Chapter 72. LAND PLANNING |
Article II. ZONING |
Division 8. SUPPLEMENTARY REGULATIONS |
§ 72-307. Backyard chickens.
(a)
Backyard chickens may be permitted in the R-1 through R-4, R-6, or MH-6 zoning classifications, by conditional use permit, pursuant to subsection 72-341(j). All backyard chicken conditional use permits shall be subject to the following restrictions:
(1)
The number of chickens shall be limited to no more than five (5), and no ducks, geese, pigeons, turkeys, peafowl, roosters, or any other poultry or fowl are allowed. For the purpose of this section, the term "chicken" refers to hens only.
(2)
Chickens shall be kept in an enclosed area with a coop that provides for the free movement of chickens, and are not permitted to be free range. The coop must have a roof, and be completely secured from predators, including all openings, ventilation holes, doors and gates. No more than one coop shall be allowed per permitted parcel. Chickens shall at all times be provided receptacles kept constantly filled with clean water.
(3)
No manure may be allowed to accumulate on the floor of the coop or ground. Conditional use permit holders must implement a manure management program, whereby the coop and enclosure are cleaned regularly. A fly-tight bin for storage of manure must be utilized; the size of which must be sufficient to contain all accumulations of manure. The fly-tight bin must be kept at least 20 feet away from all property lines. Composting of chicken manure may be allowed in the enclosed fly-tight bin. There shall be no perceptible odor emanating from the manure storage/composting bin.
(4)
The minimum lot size shall be one-third of an acre.
(5)
The chicken coop and enclosure shall be considered an accessory structure which shall be located between the rear lot line and the rear-most point of the principal structure and shall comply with the requisite accessory use setback requirements of the property's zoning classification, unless otherwise required per section 72-277.
(6)
The coop may not be taller than eight feet, measured from the natural grade, and must be easily accessible for cleaning and maintenance. Coops may not exceed a maximum of 150 square feet.
(7)
If the coop structure exceeds 120 square feet in size, a building permit is required under the Florida Building Code.
(8)
The coop and enclosure shall be screened from view from adjoining properties or the street.
(9)
Chickens shall be kept for personal use only. Selling chickens, eggs, or chicken manure, or the breeding of chickens for commercial purposes is prohibited.
(10)
The chickens must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement.
(11)
The chickens may not be slaughtered by or at the direction of the owner or keeper thereof except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian or the Humane Society for such purpose, or as otherwise expressly permitted by law. Deceased chickens must be properly disposed of within 24 hours of expiring and in accordance with Florida law. Conditional use permit holders may contact a University of Florida Agricultural Extension Service Office for requirements regarding proper disposal methods.
(b)
In a public health emergency declared by the state or county health department, including, but not limited, to an outbreak of Avian Flu or West Nile virus, immediate corrective action may be required in accordance with applicable public health regulations and procedures. Conditional use permit holders consent to compliance with such required corrective action.
(c)
An application for conditional use permit, as well as applications for renewal of conditional use permit, shall be on a form supplied by the department, together with any applicable fees. In addition to those requirements of subsection 72-341(i), the application shall include, the following:
(1)
A site plan depicting the location and size of the coop and enclosure and the distance of these accessory structures from the property lines;
(2)
The method of screening of the coop and enclosure from adjacent properties;
(3)
Proof of successful completion of a University of Florida Agricultural Extension Service (UF IFAS) class on the care and raising of chickens (initial proof of successful completion is sufficient for renewal applications); and
(4)
Notarized authorization of the owner, if the applicant is other than the owner.
(Ord. No. 2018-13, § II, 7-24-18)